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Hypothetical question

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Whodat

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So the VA wants to complete all Legacy Claims by the end of 2022 which we all know that it won't happen. I fall up under the legacy system. I just had a BVA hearing a couple of months ago. I am unsure of what the outcome will be. If for some reason I get denied and have to go to CAVC, will I still fall up under the legacy system? If that's the case, how could VA say that all Legacy appeals should be completed by the end of 2022?

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1 hour ago, Whodat said:

So, the VA wants to complete all Legacy Claims by the end of 2022 which we all know that it won't happen. I fall up under the legacy system. I just had a BVA hearing a couple of months ago. I am unsure of what the outcome will be. If for some reason I get denied and have to go to CAVC, will I still fall up under the legacy system? If that's the case, how could VA say that all Legacy appeals should be completed by the end of 2022?

It’s not a hypothetical question, the VA has already announced that they will not meet their 2022 deadline. In any case, if your decision is denied then yes it will stay in the legacy lane unless you request to change it or you get a remand, and some parts of the decision is then moved to the AMA lane.  Keep in mind that you could still get a bad decision and have to appeal to the CAVC. If denied and you choose not to appeal to the CAVC then their job is done, and your legacy claim is closed.

VA will miss its original 2022 deadline for resolving legacy appeals | Federal News Network

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This really stresses me out. I have one strand of hair left on my head. Looking like Charlie Brown. 

I am hoping for the best in my case because I am tired. But I will never quit and almost certain that my attorney at DLG will allow met to. 

I did have an in-service accident for Cervical and Lumbar, Diagnosis, but having a bit of a challenge for a Nexus.  

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Since the new AMA lane, I have won two BVA grants that took a year for the RO to implement and award my retros. Most government agency fiscal year ends in September and begin in October. My last BVA decision is now at the CAVC waiting its turn to go before a judge. When it comes to earlier effective dates and back pay it seems that the RO and the BVA don’t want to make the big decision causing the veteran to file a claim to the CAVC. The greater amount of retro pays the greater chance your claim will be denied. The BVA also like to remand certain portions in your claim to cause separate or multiple payments of retro payments.  

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What is considered a big retro? My claim has been going on since early 2018. If I was to get a grant and get rated with 40%, it will put me at a hundred. It will be close to 60 grand of backpay. Now if I get denied, and approved at CAVC, the backpay would be more. Doesn't make any sense. 

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On 6/19/2022 at 6:06 PM, Whodat said:

What is considered a big retro? My claim has been going on since early 2018. If I was to get a grant and get rated with 40%, it will put me at a hundred. It will be close to 60 grand of backpay. Now if I get denied, and approved at CAVC, the backpay would be more. Doesn't make any sense. 

The amount of potential retro requires different levels of authorization. A while back someone here posted the tiers. Basically, the VA teams who work claims can authorize smaller claim awards up to a certain amount. If it is too high, they have to get VARO Director approval. If it is big retro, it might have to go up to the VA regional director or even home office in Washington DC. I think they consider big retro to be above $250,000, but don't quote me on that. I hope one of the other members can provide further insight.

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On 6/19/2022 at 6:06 PM, Whodat said:

What is considered a big retro? My claim has been going on since early 2018. If I was to get a grant and get rated with 40%, it will put me at a hundred. It will be close to 60 grand of backpay. Now if I get denied, and approved at CAVC, the backpay would be more. Doesn't make any sense. 

Retros $25.000 and larger needs multiple signatures and you better believe the VA will dot all their i, s and cross all their t,s before they sign off on any retro pay higher than the $25.000. 

VBA has a variety of policies and internal controls in place for the review and approval of large retroactive payments. VA procedures require a third signature to authorize retroactive payments of any benefit exceeding $25,000.

 

 

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